The Florida Commission on Ethics found probable cause that Broward Sheriff Gregory Tony gave false information or didn't disclose info about past drug use and his teen homicide arrest when he was appointed to the job.
The commission also found probable cause that Tony misused his public position when he gave false info or didn't disclose info when he was hired by the Coral Springs Police Department.
Tony submitted a form to the Florida Department of Law Enforcement that falsely indicated he's never had a criminal record sealed or expunged, and falsely indicated in multiple driver's license renewals that his driving privileges had never been revoked, suspended or denied, the commission found.
The commission met Friday and its findings were released on Wednesday. The findings rejected a recommendation by the Florida Commission on Ethics Advocate that no probable cause was found.
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In a statement Wednesday, Tony's attorney called the commission's finding "unprecedented."
"The Florida Commission on Ethics Advocate’s report clearly outlined that no violation had occurred and recommended the Commission find no probable cause The Commission’s disregard of its own advocate’s findings and recommendation is unprecedented," the statement read. "While disappointed in the Commission’s action, my client looks forward to a swift finding of innocence."
In the future the Commission on Ethics will continue to investigate, hold a hearing, and decide whether Sheriff Tony violated the ethics rules and recommend action from the Governor.
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Sheriff Tony can request a public hearing - or trial - where evidence is presented. The hearings are usually conducted by a Division of Administrative Hearings administrative law judge. Sheriff Tony also may resolve the complaint through a settlement approved by the Commission. The punishment may be impeachment, removal or suspension from office, censure, or a civil penalty up to $10,000.
"The case doesn't come to this office until all of that is complete," said Bryan Griffin, Press Secretary for Governor DeSantis.
The Florida Commission on Ethics serve two-year terms. The Governor appoints five members. The President of the Senate appoints two members. The Speaker of the House appoints two members. The appointments are required to be a mix of both Republicans and Democrats.
Florida Gov. Ron DeSantis appointed Tony sheriff in January 2019, just days after taking office. He had fired Tony's predecessor, Scott Israel, for his alleged mishandling of the Marjory Stoneman Douglas High School massacre in February 2018, a decision that was upheld by the Florida Senate.
An FDLE report issued earlier this year said Tony repeatedly lied on his police applications, including failing to disclose that he fatally shot another teenager during a fight when he was 14. Tony was later found to have acted in self-defense and acquitted, but the applications required the disclosure of all arrests no matter the court decision.
The FDLE said Tony could not be criminally charged because the false statements happened so long ago the statute of limitations had expired.
Before becoming sheriff, Tony worked for the Coral Springs Police Department from 2005 until 2016, working his way up to sergeant. He resigned to run a police consulting firm that specialized in active shooter training. DeSantis appointed him on the recommendation of the father of a Stoneman Douglas victim who knew him from the gym where they both worked out. The vetting process was completed in days.
The 20-page FDLE report said Tony lied by answering “no” when asked if he had ever been arrested for a felony when he successfully applied to the police academy in 2004 and again when Coral Springs hired him in 2005. It said he also falsely answered “no” on a Coral Springs background questionnaire when asked “Have you ever injured or caused the death of another person?” and “Were you ever in a fight involving a weapon?”
The investigation found that in 2003, Tony answered truthfully that he had once used LSD as a teenager when he applied for a job with the Tallahassee Police Department, his first law enforcement application. After that admission caused his rejection, investigators found that on subsequent police applications Tony answered “no” when asked if he had ever used or handled hallucinogenic drugs.
Investigators said Tony also repeatedly lied on police and Florida driver’s license applications by answering “no” when asked if his license was ever suspended. Pennsylvania had suspended his license in 1996 for failing to pay traffic tickets. That last happened in 2019 when he applied for a new license shortly after he became sheriff.
Tony won the 2020 race for Broward Sheriff and is in the middle of serving a four-year term.
